Judge keeps prosecutors on Bianchi case

Robert McCoppinTribune reporter

A judge ruled today that prosecutors must stay on the case against McHenry County State’s Attorney Louis Bianchi, rejecting their attempts to withdraw.

Special prosecutor Thomas McQueen had argued that because defense attorney Terry Ekl threatened to sue, alleging improper investigation and prosecution, he was ethically bound to withdraw — to avoid the appearance that he was influenced by a personal stake in the case.

And special prosecutor Henry “Skip” Tonigan sought to withdraw because of his father’s failing health.

But Winnebago County Circuit Judge Joseph McGraw denied the requests, ruling that prosecutors can’t withdraw because of the potential for litigation. If that were the case, Ekl quoted the judge as saying, defense attorneys could push prosecutors to step down from any case just by threatening litigation.

Ekl said prosecutors were trying to desert a sinking ship.

Bianchi, 68, of Crystal Lake, awaits his second trial Aug. 1 on charges that he improperly influenced three criminal cases, seeking lighter treatment for defendants who were associated with him or his office’s chief investigator, Ron Salgado, 59, of McHenry.

McGraw previously dismissed an official misconduct charge against Salgado, after arguments that his attempt to secure a lighter sentence for a relative in a drug case was not a violation of equal protection rights, as alleged.

On Wednesday, the judge also dismissed the lone count of official misconduct against Michael McCleary, 54, of Woodstock, another state’s attorney investigator, who was charged with personal use of a county car. His defense attorney argued that McCleary was authorized to use the car.

In March, McGraw dismissed previous charges against Bianchi and his secretary, Joyce Synek, 63, of Woodstock. Both were accused of using county resources to do political work.